beta
(영문) 서울동부지방법원 2016.06.24 2016나679

보험금

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs who are ordered to pay additional amounts below.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Plaintiff B supported Plaintiff A’s Cho-ro, and Plaintiff C. Defendant D and E are the parents of Defendant C. Defendant C suffered injury, such as a non-felballing, etc., by drinking in F middle school’s third and sixth class classes located in Gwangjin-gu Seoul on June 23, 2011.

(hereinafter referred to as “instant accident”) Plaintiff A and Defendant C were the third-year students at Fmiddle School at the time of the instant accident. [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 3, 4, 5, 8 (including virtual numbers), and the purport of the entire pleadings.

B. According to the above facts of recognition, Defendant C is liable for the damages suffered by the Plaintiffs due to the instant accident.

Since Defendant D and E caused damages to the Plaintiffs as above by negligence due to negligence of neglecting the duty of protection and supervision as joint parental authority, Defendant C and E jointly with Defendant C are liable for compensating for the damages suffered by the Plaintiffs.

2. Scope of damages.

A. According to the evidence Nos. 123 and 7 of No. 6 of the property damage 1 king medical expense No. 6, the fact that the Plaintiff’s medical expense totaled KRW 161,790 can be acknowledged from the date of the instant accident to July 20, 201.

However, the Plaintiffs stated in the instant complaint that “after the instant accident and immediately after the instant accident, the Defendant received KRW 300,000 in total from Defendant E for medical expenses, transportation expenses, etc. up to that time.” The Plaintiffs did not claim for the payment of the amount of KRW 300,000,00 in total, by revealing that “The Defendant E directly paid KRW 169,750 in total, and separately paid KRW 300,00,000 in total,” in the instant written application for the change of claims and the cause of claims made on February 27, 2015.”

In light of this, it is reasonable to view that the king medical expenses of the above part have already been paid.

On the other hand, the plaintiff A sought payment of the additional treatment costs of 30,200 won.

Modern, Gap No. 6-W.